KALYAN CHAMAR Vs. MOHINI KAPUR

JUDGEMENT

(1.) The appellant, husband of deceased, Mst. Bhawani Bai, convict under Sec. 302, IPC, has assailed in this appeal, the sentence of life imprisonment imposed by the Sessions Judge, Jhalawar, under judgment dated the 18th Feb., 1991.

(2.) A verbal report was lodged on 4.2.90 at 4.45 PM at Police Station Bhawani Mandi (Jhalawar) for the death of Mst. Bhawani Bai, wife of appellant, Kalyan, allegedly caused on 1.2.90 in the afternoon. It had been alleged in the FIR (Ex.P. 2) by Devilal accompanied with Kanwarlal that his uncle Ramaji's daughter, Smt. Bhawani Bai, aged 35 years, was got married to Mangilal Chamar who died, and thereafter, she had been leading marital life with Kalyan for last 5-6 years thereto but, often she had been coming back to her parent's house without informing Kalyan, which annoyed him. 14-15 days before, she had gone to meet her brother at 'Gadiya' village from where she went to Araniya' - place of her maternal uncle's son - Mangilal.

(3.) It had also been alleged that on Friday at 110' clock in the noon, i.e., three days back to the day of lodging of the verbal report (Ex.P. 2), Kanwarlal came to him and gave out that Gopal of Nehrawad told him (Kanwarlal) that Kalyan came to him .(Gopal) and disclosed to him in the presence of Bherulal of Taal and Kalulal of Araniya in the yesternight that when Kalyan was taking back his wife, Bhawani Bai yesterday on Thursday, from village Araniya to Taal then in the way, Kalyan and his wife had squable in the matter of her going to parents place without intimation to him (Kalyan) and in that squable, she used force and exchanged hot words with him culminating into throttling her at-his hands at Taal of Nehrawad. It had then been alleged that after informing them in the night Kalyan had absconded, and however, he (Devilal), Mangilal and Kanwarlal proceeded to Nehrawad so as to search Smt. Bhawani Bai but she could not be searched as she was not found, and so, they returned back to village and stayed at night. Next day thereto again, they started to search at Taal but the corpse of Bhawani Bai was found lying deeply below the Khejra tree towards reverse side of the village Nehrawad. The throat had blackening, besides swelling. It had further been alleged that Bhawani Bai was killed by throttling her, and her corpse was hidden deeply and left unattended, then and there. After usual investigation, challan was filed. After committal proceedings, the appellant was charged with offence punishable under Sec. 302, IPC. Fourteen witnesses were produced in support of the charge. The appellant was examined under Sec. 313, Crimial P.C. He admitted the fact of Bhawani Bai's illness and her taking. He further admitted to be true the following version of PW 8 Bhagirath stated in his statement:-